Best Marriage Lawyers in Taiwan

About Marriage Law in Taiwan, Taiwan

In Taiwan, both domestic and international marriages are subject to specific legal procedures as outlined by the country's legal framework. This includes requirements for age, consent, and marital status, among others. In addition, legal considerations also extend to issues such as inheritance rights, spousal support, and division of property post-divorce. Therefore, understanding these laws thoroughly can be instrumental in securing not only your conjugal rights but also your financial and familial future.

Why You May Need a Lawyer

There are various situations where legal assistance can be beneficial during marriage proceedings or in dealing with issues that arise within marriages. For instance, when entering into a marriage, a lawyer can help in drafting a suitable prenuptial agreement that protects individual financial interests. In case of divorce, legal counsel is indispensable in child custody battles, asset division, and securing alimony rights. Marriage law can also intersect with immigration issues in cases of international marriages. Moreover, estate planning, especially regarding inheritance laws, requires legal guidance to safeguard the interests of the spouse and children.

Local Laws Overview

The Civil Code of Taiwan governs marriage laws in the country. Both parties must be at least 18 years old and freely consent to the marriage. Marriages between lineal relatives by blood or collateral relatives within the third degree are deemed illegal. These regulations also apply to adopted family members or in-laws. In case of international marriages, additional regulations might apply based on the nationality of the non-Taiwanese spouse. Taiwan also has comprehensive laws regarding marital property and splitting assets in case of divorce. Same-sex marriages were legalized in Taiwan in 2019, making it the first Asian country to do so.

Frequently Asked Questions

1. What is the legal age for marriage in Taiwan?

The legal age for marriage in Taiwan is 18 for both males and females.

2. Can foreigners get married in Taiwan?

Yes, foreigners can get married in Taiwan. However, they may have to fulfill additional requirements based on their nationality.

3. Is same-sex marriage legal in Taiwan?

Yes, same-sex marriages were legalized in Taiwan in 2019, making it the first country in Asia to pass such a law.

4. Does Taiwan recognize prenuptial agreements?

Yes, prenuptial agreements are legally binding in Taiwan, provided they adhere to the country’s legal specifications.

5. Who gets the custody of the child in case of a divorce?

The custody of the child typically goes to the mother unless the court decides otherwise by considering the best interests of the child.

6. What is the process for a divorce in Taiwan?

Divorces in Taiwan can be either by mutual consent or court order, depending on whether the spouses agree on the divorce and its related matters.

7. Can I remarry immediately after getting a divorce?

Women in Taiwan must wait for 300 days after a divorce before they can remarry. Meanwhile, men have no waiting period.

8. How does marital property division work in Taiwan?

Generally, property acquired after marriage is considered joint marital property that will be divided equally in case of a divorce.

9. Can I change my name after getting married?

Yes, you can choose to change your surname after marriage in Taiwan.

10. Does Taiwan have a law regarding spouse maintenance after divorce?

Yes, under Taiwanese law, a spouse who's incapable of maintaining themselves after a divorce may request alimony from the other party.

Additional Resources

You can visit the Ministry of Justice's official website for comprehensive details about marriage laws in Taiwan. Apart from that, various non-governmental organizations offer counseling and legal assistance related to marital issues, such as the Taiwan Association for Human Rights. You can also find information through legal aid foundations, the Bar Association, and local community resources.

Next Steps

If you require legal assistance in regards to marriage in Taiwan, start by identifying a reputable lawyer specializing in family law. Ensure that they have a thorough understanding of local laws and are accredited with appropriate legal bodies. It's essential to discuss your situation at length with your lawyer, understand all possible legal routes, and make an informed decision guided by professional advice.